Receiving and Initially Processing Complaints 接收投訴與初步處理
MPFA receives complaints relating to MPF sales and marketing activities and carries out their initial processing. Candidates should distinguish receiving and initially processing a complaint from the investigation that may follow.
The initial stage considers whether the information provided suggests a possible breach of the conduct requirements. A possible breach is not an established finding of misconduct, so receiving a complaint does not itself mean that the intermediary will face a disciplinary sanction.
Referral and Investigation 轉介與調查的分工
If the complaint information suggests a possible breach of the conduct requirements, MPFA refers the complaint to the relevant frontline regulator to consider starting an investigation. Referral requires an indication of a possible breach, rather than proof that a breach has occurred.
The relevant frontline regulator is responsible for investigating the registered MPF intermediaries concerned. Referral allows the regulator to consider investigation; it is not a finding of misconduct or a decision to impose a disciplinary sanction.
Deciding on Disciplinary Sanctions 紀律制裁的決定
In misconduct cases involving MPF intermediaries, MPFA is the sole authority empowered to impose disciplinary sanctions. The frontline regulator’s responsibility for investigation does not make it the sanctioning authority in this MPF disciplinary process.
When imposing disciplinary sanctions, MPFA takes account of information obtained by the frontline regulator during its investigation and the representations of the intermediary concerned. Remember both sources, together with the distinction between the regulator’s investigation role and MPFA’s sanctioning power.
Practice
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